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For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATE. To repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the applicable city department director or designee(s) determines is necessary in the interest of the general health, safety and welfare of the community.
CONTROL. The ability to regulate, restrain, dominate, counteract or govern property, or conduct that occurs on a property.
CHRONIC NUISANCE PROPERTY.
(1) Property that, within any 120-day period, has three or more nuisance activities; or
(2) Property that, within any 365-day period, has six or more nuisance activities.
NUISANCE ACTIVITY. Any nuisance that occurs or exists upon a property, or if specified in this section, occurs or exists within 200 feet of a property. To be considered a NUISANCE ACTIVITY within 200 feet of the property, the NUISANCE ACTIVITY must involve the person in control of the property and/or any person associated with the person in control of the property. A person is associated with the person in control of the property if he or she is a guest or invitee of the person in control of the property. NUISANCE ACTIVITY includes:
(1) Assault, menacing, wanton endangerment, criminal abuse or terroristic threatening in violation of KRS Chapter 508;
(2) Prostitution, promoting prostitution, permitting prostitution, loitering for prostitution purposes, human trafficking, or promoting human trafficking in violation of KRS Chapter 529;
(3) Possession of a defaced firearm, possession of a firearm by convicted felon or other weapons violation in violation of KRS Chapter 527;
(4) Gambling, promoting gambling, permitting gambling, possession of gambling records, possession of gambling devices in violation of KRS Chapter 528;
(5) Possession of a controlled substance, trafficking in a controlled substance, possession, trafficking and cultivating marijuana, manufacture of methamphetamine, unlawful possession of methamphetamine precursor, unlawful distribution of methamphetamine precursor, possession or trafficking in synthetic drugs, and all related offenses in violation of KRS Chapter 218A;
(6) Disorderly conduct, harassment, loitering, or public intoxication in violation of KRS Chapter 525;
(7) Distribution of obscene material, using a minor to distribute obscene material, promotion of obscene material, voyeurism, or video voyeurism, sexual exploitation of minors, use of a minor in a sexual performance, promoting a sexual performance by a minor, possession or viewing of matter portraying a sexual performance by a minor, distribution of matter portraying a sexual performance by a minor, promoting sale of matter portraying a sexual performance by a minor, or advertising material portraying a sexual performance by a minor, in violation of KRS Chapter 531; and
(8) Any property with respect to which a Boyd County Court of competent jurisdiction has issued a search warrant based upon probable cause to believe that possession, manufacture, distribution or delivery of a controlled substance has occurred on the premises.
(9) For purposes of this chapter, NUISANCE ACTIVITY shall not include conduct where the person responsible is the victim of a crime and had no control over the criminal act or alleged NUISANCE ACTIVITY involving allegations of domestic violence as defined in KRS 403.720(1).
PERSON. Natural person, joint venture, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, officer or employee of any of them.
PERSON RESPONSIBLE FOR PROPERTY or PERSON RESPONSIBLE. Unless otherwise defined, any person who has titled ownership of the property or structure which is subject to this chapter; an occupant in control of the property or structure which is subject to this chapter; a developer, builder, or business operator or owner who is developing, building, or operating a business on the property or in a structure which is subject to this chapter; and/or any person, including but not limited to, a lessee, tenant, occupant or manager who has actual or constructive possession or control over the property and allows a violation of this chapter to continue.
PREMISES or PROPERTY. May be used by this chapter interchangeably and means any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, grounds, vacant lots, facilities, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof, or any business equipment, whether or not permanent.
(Ord. 72, 2021, passed 6-10-21)